Ordered that the order is affirmed, with costs.
The claimant allegedly was injured when he struck his head while diving into waves at Jones Beach State Park. In a claim dated July 25, 2011, the claimant alleged that the negligence of the defendant, the State of New York, caused his injuries. The claimant moved for summary judgment on the issue of liability, and the defendant cross-moved for summary judgment dismissing the claim, arguing that it had no duty to warn...
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